# Union Pacific Railroad Company—Temporary Trackage Rights Exemption—The Burlington Northern and Santa Fe Railway Company
The Burlington Northern and Santa Fe Railway Company (BNSF) has agreed to grant temporary overhead trackage rights to Union Pacific Railroad Company (UP) between BNSF milepost 29.9 near Fremont, NE, and BNSF milepost 104.1 near Ferry, NE, a distance of 74.2 miles.
The transaction is scheduled to become effective on August 31, 2003, and the authorization is scheduled to expire on or about October 20, 2003. The purpose of the temporary rights is to facilitate maintenance work on UP lines.
As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in *Norfolk and Western Ry. Co.—Trackage Rights-BN,* 354 I.C.C. 605 (1978), as modified by *Mendocino Coast Ry., Inc.—Lease and Operate,* 360 I.C.C. 653 (1980), *aff'd sub nom. Railway Labor Executives' Ass'n v. United States* , 675 F.2d 1248 (D.C. Cir. 1982).
This notice is filed under 49 CFR 1180.2(d)(8). If the notice contains false or misleading information, the exemption is void *ab initio.* Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not stay the transaction.
An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34380, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on: Robert T. Opal, 1416 Dodge St., Room 830, Omaha, NE 68179.
Board decisions and notices are available on our Web site at *http://www.stb.dot.gov.*
By the Board, David M. Konschnik, Director, Office of Proceedings.
Decided: July 17, 2003.
Vernon A. Williams,
Secretary.